3) English law course

Equity today: Equity law is derived from old English common law, when courts used their discretion to apply justice in accordance with natural law. Equity law supersedes common law and statute law when there is a conflict between the two and neither can appropriately bring the correct verdict.   The judicature acts didn’t merged the equity […]

Custom and soft law: Custom law : “ law generated by social precedent and acceptance as distinct from institutional law generated from organisation of a superordinate authority.” It is a mistake to see custom law in small-scale societies as a rigid system that is obeyed without question, which is fixed and unchanging. The term « soft

International and foreign sources of law in England : Treaties : Nowadays, a legal system cannot be studied as if it existed in a closed space. This is a reason why we study international sources that may be applied in England by English courts. These sources are increase as it is the case in French

International and foreign sources of law in England : EU law: It’s important in English law because the UK is part of the EU since the 1973. The same year, Ireland and Denmark joined also the European Communities. This was made possible through the European Communities Act of 1972which enable the joining of the European Communities.

European Convention on the Protection of Human Rights and the HR Act 1998: A) The non-direct applicability of the ECHR: In 1950 the convention was adopted signed by some countries in Europe. Nowadays there are many countries which are member of ECHR: 47. The European Convention became binding in 1972. A convention need to be

Foreign law: There are many cases in England where English courts apply a foreign law. A) Why should English courts apply foreign law? Les autres fiches de cours : English Law – English legal systemLawyers in the english legal system : Solicitors and BarristersThe independence of the judiciary in England and WalesLord Chancellor, lord

Lower courts in the english legal system: A) The Magistrate’s courts: 1) Types of cases: Criminal: 350 Magistrates courts in England and Wales deal nearly with 2 million cases per year. Les autres fiches de cours : English Law – English legal systemLawyers in the english legal system : Solicitors and BarristersThe independence of the

The High Court: This court hears the more serious and complex civil and family cases at first instance. It contains three divisions – Queen’s Bench, Family and Chancery. Each of these has a judicial `Head’. The Head of the Chancery Division is known as the Chancellor of the High Court (not to be confused with

the Judiciary in England and Wales : Supreme Court and Court of appeal Introduction : Court different from tribunal:This isn’t a distinction in England. In England, we will study the court system. Besides the judicial system of courts, there is a parallel tribunal system.In tribunal, there is a less formal procedure however judges witting in

the judiciary: the people:(The legal professions) The judiciary in England is very far from ours (the french legal system). There are differences between the English judicial system and ours. Three main differences: – A judge may sit in simultaneously in two courts. He is allocated to one specific court. – There isn’t a strict separation